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서울중앙지방법원 2015.04.07 2014고단7123

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:10 on August 14, 2014, the Defendant: (a) committed assault against the police officer’s legitimate execution of duties on handling 112 reports by assaulting the Defendant, i.e., the Defendant, who was under the influence of alcohol and assaulted the security guards; (b) expressed that the Defendant would go to the house from E at the seat of the police station D District of Seoul Central Police Station, Jung-gu, Seoul; and (c) expressed that the Defendant would go to the bar; and (d) expressed that the Defendant would go to the house from E at the seat of the police station D District of Seoul Central District, Jung-gu, Seoul; and (d) expressed that the Defendant would go to the house, “I am, ambs, ambs, son, son, son, or son, who is a police officer.”

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes governing the entry of witnesses F and G in the third protocol of trial;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] No person in charge of obstruction of performance of official duties (6 to 1 year and 4 months) (the decision of sentence] / The crime of this case is committed on the basis of the basic area (6 to 1 year and 4 months) of obstruction of performance of official duties / [the decision of sentence] / The defendant expressed a desire to avoid a disturbance on the side of the store under the influence of alcohol, and speaks against the police officer who was dispatched after receiving 112 report. Ultimately, in light of various circumstances such as the series of procedures up to the crime of obstruction of official duties, the time and place of the crime, the defendant's attitude from the crime to the judgment of the court of the case after committing the crime of this case.

I would like to say.

However, the execution of the instant obstruction of performance of official duties is suspended only once, taking into account the fact that the degree of the assault itself is not severe, and that it is living without any specific criminal record during the age of 52. However, the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc.